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Posted by EosJupiter
- Oct 06, 2006, 04:11 PMJimmy_NC,
I don't know the answer to your question. But I would assume that if an employer requests polygraph tests, then they would be given the results. In your case where I suspect that the police went on a fishing trip, I doubt the information will be shared. But under the EPPA, the results of the polygraph can not be used against an employee, if the employee gave no damaging admissions. Hence the key to all this, by your posting your wife gave them nothing. I wouldn't worry to much about the results. But again a lawyer who specializes in labor and workers rights is the best source. The police will be nosing around again I am sure, as they have nothing and will keep on fishing for something. Much success to you.
Regards ....
I don't know the answer to your question. But I would assume that if an employer requests polygraph tests, then they would be given the results. In your case where I suspect that the police went on a fishing trip, I doubt the information will be shared. But under the EPPA, the results of the polygraph can not be used against an employee, if the employee gave no damaging admissions. Hence the key to all this, by your posting your wife gave them nothing. I wouldn't worry to much about the results. But again a lawyer who specializes in labor and workers rights is the best source. The police will be nosing around again I am sure, as they have nothing and will keep on fishing for something. Much success to you.
Regards ....
Posted by Jimmy_NC
- Oct 06, 2006, 03:32 PMQuote from: EosJupiter on Oct 06, 2006, 03:23 PMThe only downside the police can use, is they just requested her to take one, without the employer knowing it, and she consented of her own free will. Which to my opinion will be the stand that they take.
We expect that as well, but does the EPPA say they can't release the results of a polygraph to the employer unless they requested it?
Posted by EosJupiter
- Oct 06, 2006, 03:23 PMJimmy_NC,
First off I do believe the police are trying the shotgun approach to polygraphing everyone and anyone associated with this business. Hoping to hit something by my guess. Your wifes employer was suppose to notify her in writing, that she is being requested to take a polygraph test. And she must be notified of her rights under the Polygraph Protection Act. If the police arbitrarily gave her one under the guise of this investigation and told her that the employer requested it, without following the right procedures. Then they are in clear violation of the law. The only downside the police can use, is they just requested her to take one, without the employer knowing it, and she consented of her own free will. Which to my opinion will be the stand that they take. I would consult an attorney, with experience in labor and workers rights. Tell your wife that she held her ground and did a great job. Have your wife read, "The Lie behind the Lie Detector", that way she is prepared, if they want a rematch for some reason. Much success and good luck.
Regards ....
First off I do believe the police are trying the shotgun approach to polygraphing everyone and anyone associated with this business. Hoping to hit something by my guess. Your wifes employer was suppose to notify her in writing, that she is being requested to take a polygraph test. And she must be notified of her rights under the Polygraph Protection Act. If the police arbitrarily gave her one under the guise of this investigation and told her that the employer requested it, without following the right procedures. Then they are in clear violation of the law. The only downside the police can use, is they just requested her to take one, without the employer knowing it, and she consented of her own free will. Which to my opinion will be the stand that they take. I would consult an attorney, with experience in labor and workers rights. Tell your wife that she held her ground and did a great job. Have your wife read, "The Lie behind the Lie Detector", that way she is prepared, if they want a rematch for some reason. Much success and good luck.
Regards ....
Posted by Jimmy_NC
- Oct 06, 2006, 12:33 PMI agree. Also hoping to find maybe someone who has experienced the same thing and may be able to share some of how they got through it, as you can imagine we are stressing pretty hard over here. Thank you for the link, printing it out now.
Anyone know where I can find numerical data on how often polygraphs are over turned or disproven? If it is in the book, just say it is in the book, I am still reading it.
Thanks in advance all.
Anyone know where I can find numerical data on how often polygraphs are over turned or disproven? If it is in the book, just say it is in the book, I am still reading it.
Thanks in advance all.
Posted by meangino
- Oct 06, 2006, 12:28 PMJimmy_NC, you are well advised to consult an attorney. I recommend you follow your attorney's advice. Accept any "arm chair lawyer's" advice from this board for what it is, non-legal advice.
Ensure the attorney is aware of the 1988 Employee Polygraph Protection Act (29 USC 22) and how it applies to your wife's case. It is available on this website:
http://www.fas.org/sgp/othergov/polygraph/eppa.html
You might consider downloading it and taking it to your meeting today.
Ensure the attorney is aware of the 1988 Employee Polygraph Protection Act (29 USC 22) and how it applies to your wife's case. It is available on this website:
http://www.fas.org/sgp/othergov/polygraph/eppa.html
You might consider downloading it and taking it to your meeting today.
Posted by Jimmy_NC
- Oct 06, 2006, 11:56 AMI am writing this on behalf of my wife who is at work currently so I lack the intament knowledge of the finer details she would have, however the end result is she was told she was lying.
A large sum of money was taken from her work (She manages a hotel). During the start of the "investigation" the company requested the polygraph of all the individuals who where working the day of the theft (which my wife wasn't, we were in a city 1.5 hours away visiting family). The police were keeping my wife in the loop because she was basically running the companies end of the investigation, another employee was suspended for being thought to have taken the money (she had at the very least left the safe open). When that employee went in to take the "test" she claimed an abscessed tooth and he results were deemed non conclusive (this same employee had quit a week before the money went missing and had been given her job back on a technicality), she still hasn't been in to retest, as well as people has said she doesn't intend to come back to work period, claiming she has yet to be to a dentist. That was 2 weeks ago. On Monday this week my wife received a call from the detective saying that they would like her to come in on Thursday if the employee didn't show to have herself polygraphed, my wife being the trusting person she is said she would, after all she had nothing to fear, she didn't take the money, we weren't even here. After the polygraph was taken she was informed she lied on two questions "Did you take the money" and "Do you know who took the money", however she told the truth when asked "will you lie on this polygraph" and she said "No". They then took her to a room and "interrogated" her, breaking her down to tears, using everything that happened during the poly against her, including idle "chit chat" between "tests" that the test giver initiated (something about honest people not bothering with chit chat between tests). They showed her her paper and said that they knew she was lying because a black line spiked considerably, however they said the red line went down a lot as well at the same time. The only thing she did differently on those two questions was answer very firmly "No". Once she was released they asked for her supervisors name and phone number, then called him to discuss the results with him, however to our knowledge they employer never requested my wife's polygraph test, which is shown by them asking her for that information.
In closing we have no idea what to do, we know she didn't take it, and I have no reason to believe my wife would lie to me. We have an appointment with a lawyer today but we still fear repercussions from the company. We have been told she can not suffer repercussions from the results of a polygraph test, but the hotel she manages is being sold so we are concerned that they may find it "convenient" not to find a new place for her, all though there would be no reason not to except this "failure" of the polygraph. It is our understanding is that they can not share the results even with the employer if they didn't order the polygraph. Any ideas would be well appreciated.
P.S My wife called me just now and said that they other employee (the one with the abscessed tooth) is now planning on coming back to work; the day after my wife failed this test. Also from what my wife tells me this employee seemed to know all the officers at the station when they had gone down to file then initial report.
The test was given at roucky Mount Police Station, Rocky Mount, NC.
A large sum of money was taken from her work (She manages a hotel). During the start of the "investigation" the company requested the polygraph of all the individuals who where working the day of the theft (which my wife wasn't, we were in a city 1.5 hours away visiting family). The police were keeping my wife in the loop because she was basically running the companies end of the investigation, another employee was suspended for being thought to have taken the money (she had at the very least left the safe open). When that employee went in to take the "test" she claimed an abscessed tooth and he results were deemed non conclusive (this same employee had quit a week before the money went missing and had been given her job back on a technicality), she still hasn't been in to retest, as well as people has said she doesn't intend to come back to work period, claiming she has yet to be to a dentist. That was 2 weeks ago. On Monday this week my wife received a call from the detective saying that they would like her to come in on Thursday if the employee didn't show to have herself polygraphed, my wife being the trusting person she is said she would, after all she had nothing to fear, she didn't take the money, we weren't even here. After the polygraph was taken she was informed she lied on two questions "Did you take the money" and "Do you know who took the money", however she told the truth when asked "will you lie on this polygraph" and she said "No". They then took her to a room and "interrogated" her, breaking her down to tears, using everything that happened during the poly against her, including idle "chit chat" between "tests" that the test giver initiated (something about honest people not bothering with chit chat between tests). They showed her her paper and said that they knew she was lying because a black line spiked considerably, however they said the red line went down a lot as well at the same time. The only thing she did differently on those two questions was answer very firmly "No". Once she was released they asked for her supervisors name and phone number, then called him to discuss the results with him, however to our knowledge they employer never requested my wife's polygraph test, which is shown by them asking her for that information.
In closing we have no idea what to do, we know she didn't take it, and I have no reason to believe my wife would lie to me. We have an appointment with a lawyer today but we still fear repercussions from the company. We have been told she can not suffer repercussions from the results of a polygraph test, but the hotel she manages is being sold so we are concerned that they may find it "convenient" not to find a new place for her, all though there would be no reason not to except this "failure" of the polygraph. It is our understanding is that they can not share the results even with the employer if they didn't order the polygraph. Any ideas would be well appreciated.
P.S My wife called me just now and said that they other employee (the one with the abscessed tooth) is now planning on coming back to work; the day after my wife failed this test. Also from what my wife tells me this employee seemed to know all the officers at the station when they had gone down to file then initial report.
The test was given at roucky Mount Police Station, Rocky Mount, NC.